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Chapter 5: Judiciary – Social and Political Life (Class 8 Civics)

🌟 Introduction

• The Judiciary is the third pillar of democracy (along with Legislature and Executive).
• It refers to the system of courts of law in a country.
• In India, the Judiciary has the supreme authority to interpret the law, protect fundamental rights, and ensure justice for every citizen.
• The Judiciary acts as a guardian of the Constitution and the protector of democracy.

⚖️ Why Do We Need a Judiciary?

1. To Resolve Disputes
   • Between citizens (e.g., property disputes).
   • Between citizens and government (e.g., fundamental rights violation).
   • Between state governments (e.g., water-sharing disputes).
   • Between central and state governments.
2. To Uphold the Law
   • Ensures that no one, not even the government, acts above the law.
3. To Protect Fundamental Rights
   • If citizens’ rights are violated, they can approach the courts.

📌 Example: If a newspaper is banned illegally by the government, the Judiciary can declare the ban unconstitutional.

🏛️ Structure of the Judiciary in India

The Judiciary in India has a hierarchical structure:

1. Supreme Court (at the top)
   • Located in New Delhi.
   • Headed by the Chief Justice of India.
   • Has jurisdiction over the whole country.
2. High Courts (at the state level)
   • Each state (or group of states) has a High Court.
   • Headed by the Chief Justice of the High Court.
3. District and Subordinate Courts (at the local level)
   • District Courts at the district level.
   • Subordinate courts include Magistrates’ courts, Family courts, Lok Adalats, etc.

📌 Fun Fact: India has one of the largest judicial systems in the world.

🗝️ Independence of the Judiciary

The Indian Judiciary is independent – meaning it is free from interference or control of the Legislature and Executive.

✨ Importance of Judicial Independence:

1. Judges can take fair decisions without fear of politicians or government pressure.
2. It ensures Rule of Law – everyone is equal before law.
3. Protects citizens’ rights against misuse of power by the government.

🔒 Safeguards for Independence:

• Judges are appointed by the President in consultation with senior judges.
• They cannot be easily removed (only through impeachment by Parliament).
• Their salaries and allowances are fixed and not controlled by government.

📚 Functions of the Judiciary

1. Dispute Resolution
   • Acts as a neutral body to resolve conflicts.
2. Judicial Review
   • The courts have the power to examine laws made by Parliament and declare them unconstitutional if they violate the Constitution.
3. Upholding Fundamental Rights
   • Citizens can approach the Supreme Court under Article 32 or High Courts under Article 226 to protect their rights.
4. Guardian of the Constitution
   • Ensures that all laws and actions follow the Constitution.

⚖️ Types of Cases

1. Civil Cases
   • Related to property, marriage, contracts, money, etc.
     📌 Example: A dispute over house ownership.
2. Criminal Cases
   • Related to theft, murder, assault, corruption, etc.
     📌 Example: A theft case in a jewellery shop.

🧑‍⚖️ Supreme Court of India

• Highest court of justice.
• Established in 1950.
• Consists of the Chief Justice + maximum 33 judges.

👨‍⚖️ Powers of Supreme Court:

1. Original Jurisdiction – settles disputes between Union & States.
2. Appellate Jurisdiction – hears appeals from High Courts.
3. Advisory Jurisdiction – advises the President on legal matters.
4. Judicial Review – can strike down unconstitutional laws.

📌 Famous Example:

• Kesavananda Bharati Case (1973) – Supreme Court ruled that the basic structure of the Constitution cannot be changed.

🏛️ High Courts

• Highest court in a state.
• Headed by a Chief Justice.
• Has both original and appellate jurisdiction.
• Supervises lower courts in the state.

🏢 District & Subordinate Courts

• Found at the district level.
• Headed by a District Judge.
• Handle civil and criminal cases at local level.

Subordinate Courts:

• Magistrates’ Courts.
• Family Courts.
• Lok Adalats (for speedy settlement).

📌 Lok Adalats are special courts that settle disputes quickly and at low cost.

🌍 Judicial Activism

• When Judiciary takes an active role in promoting justice.
• Citizens can write a simple letter to the court to seek justice → this is called Public Interest Litigation (PIL).

📌 Example of PIL:

• Cleaning of the Ganga River.
• Protection of child labourers.

🧾 Public Interest Litigation (PIL)

• Introduced in the 1980s.
• Any citizen or NGO can approach the court for issues affecting public interest.
• Made justice more accessible for the poor.

📌 Example:

• Vishaka Case (1997) – Guidelines for prevention of sexual harassment at workplace.

🛡️ Judiciary as Guardian of Rights

• Ensures equality before law (Article 14).
• Protects against arbitrary arrest (Article 22).
• Provides remedies through Article 32 (Right to Constitutional Remedies).

📖 Famous Cases in Indian Judiciary

1. Kesavananda Bharati Case (1973) – Basic structure doctrine.
2. Maneka Gandhi Case (1978) – Expanded meaning of personal liberty.
3. Shah Bano Case (1985) – Right of Muslim women to maintenance.
4. Right to Privacy Case (2017) – Privacy declared as a Fundamental Right.

🌈 Key Points (Summary)

• 🏛️ Judiciary is the guardian of the Constitution.
• ⚖️ It resolves civil and criminal cases.
• 🔒 It is independent from other organs of government.
• 📚 It performs dispute resolution, judicial review, protection of rights.
• 🧑‍⚖️ Supreme Court is the highest court.
• 🌍 PIL makes justice more accessible.
• ✨ Judiciary protects democracy and people’s rights.

📌 Practice Questions

1. What is the importance of Judiciary in a democracy?
2. Explain the independence of the Judiciary with examples.
3. Differentiate between civil and criminal cases with examples.
4. What is PIL? Give two examples.
5. Write a note on the powers of the Supreme Court.